"Can I give you examples where Congress hasn't?" Sotomayor said to Texas Solicitor General Judd Stone. Sotomayor cited landmark opinions on gun control, same-sex marriage, sodomy and birth control.........
Sotomayor's observation here seems rather stupid. Congress has not forbade states from allowing these items to be litigated as torts because no state has yet attempted to make these items torts, at least not to my (layman's) knowledge. So it doesn't matter that Congress has not prevented states from allowing private causes of action on any of these other issues and the observation is meaningless.
Having said that, and as a strong pro-life man, I conclude that the TX Legislature's strategy here is unsound. It inevitably confuses actions which should be considered under the criminal code with actions which are matters of private contract, it empowers people to take action as if they were parties to a contract when they are not, and if upheld it will lead to exactly the sort of specific actions Sotomayor and others have suggested; CA for example will give every US citizen the right to sue Marlin or Remington or Smith and Wesson the next time a multiple shooting occurs in CA. Then they will give every US citizen the right to sue over the next allegation of racism that arises in CA. Everyone in the US, not just those who have asked for a cake for a homosexual wedding, will be able to sue the baker in CO. Basically this law will empower "cancel culture" in ways we can't fully predict.
While I reject the idea that abortion is a right, the approach taken by the TX Legislature abrogates the idea of rights.
I predict that SCOTUS will strike down the TX law and I have to conclude that were I on SCOTUS I would vote to strike it down also.